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UK Tax News (2005/6):

  • Date: 14.09.05 - Tax legislation is 'Toppling Big Ben' say ICAEW

     

    The Institute of Chartered Accountants in England & Wales (ICAEW) has highlighted the phenomenal increase in tax legislation over the past twenty-five years – recording a 54% increase in the number of pages in the Finance Acts in the last five years alone and a threefold increase since the early 80s. The research follows the recent publication of the second Finance Act of 2005.

     

    By establishing a monitor of tax complexity called Big Ben’s Statutory Tax Burden, the ICAEW’s Tax Faculty aims to highlight the burden on taxpayers by using a graphic illustration of Big Ben – a symbol of British Parliament and law-making – to show changes in the number of pages in successive Finance Acts.

     

    Comparing the number of pages in each Finance Act over the past twenty-five years is a simple, but effective, method of showing how Big Ben is straining under the weight of legislation. For example in the period 2000-2005 the average number of pages in each year’s Finance Acts was 481 pages compared with an average of only about 157 pages in the early part of the 1980s.  

     

    The Finance Acts today are more than three times as big as they were twenty-five years ago and over each five-year period the increase in the number of pages has never been less than 17 per cent. The most recent five-year period has seen an increase of over 50 per cent over the previous five-year period.

     

    The ICAEW Tax Faculty is concerned that with the growing length of Finance Bills and only limited time available for Parliamentary consideration, there is a lack of consultation, scrutiny and thorough understanding about the effects the legislation may have on taxpayers. Due to the amount of legislation they already have to deal with, businesses are especially vulnerable to the burden of tax red tape. There is a danger that UK businesses will suffer a competitive disadvantage due to the burgeoning tax legislation.

     

    It could be argued that the complexity in the tax law reflects both the need to counter avoidance and the increasingly complex society in which we live. The ICAEW Tax Faculty believes that much of the tax avoidance legislation is overly complicated and poorly drafted, resulting in the need for amendments to be made at a later date to iron out many of the problems that arise in practice. Other highly developed countries have tax systems that work perfectly well with a tax code and Finance Acts that are much shorter than those in the UK. The ICAEW will continue to campaign for a tax system that is no more complicated than it need be, that is fair and reasonable and that has adequate processes to ensure legislation is properly enacted and is then kept under regular review.

     

    The volume of legislation over the past twenty-five years

     

    Year

    No of sections

    No of schedules

    Pages

    1979

    25

    5

    16

    1980

    122

    20

    144

    1981

    139

    19

    163

    1982

    157

    22

    192

    1983

    48

    10

    59

    1983 1

    16

    2

    11

    1984

    128

    23

    196

    1985

    98

    27

    181

    1986

    114

    23

    199

    1987

    2

    16

    109

    1987 1 2

    104

    9

    102

    1988

    149

    14

    182

    1989

    188

    17

    275

    1990

    133

    19

    192

    1991

    124

    19

    185

    1992

    11

    1

    5

    19921

    83

    18

    176

    1993

    214

    23

    312

    1994

    259

    26

    463

    1995

    163

    29

    380

    1996

    206

    41

    463

    1997

    53

    8

    105

    1998

    166

    27

    422

    1999

    140

    20

    196

    2000

    157

    40

    613

    2001

    111

    33

    331

    2002

    143

    40

    494

    2003

    217

    43

    453

    2004

    328

    42

    634

    2005

    106

    11

    203

    2005 1

    72

    11

    160

     

    The volume of legislation in each five-year period

     

    Period

    Total number of pages

    Average number of pages

    Increase over previous period

    %

    Cumulative increase since 1980-84

    1980 - 1984

    765

    153

     

     

    1985 -1989

    1,048

    209

    36

    36

    1990 - 1994

    1,335

    266

    27

    73

    1995 -1999

    1,566

    312

    17

    103

    2000 – 2005

    2,888

    481

    54

    214

     

     

    Ian Young, Technical Manager at the ICAEW Tax Faculty, said: “A tax system is best if it can be kept as simple as it needs to be to satisfy all its various purposes. This means that it can be clearly understood and is most likely to meet various Government objectives and be straightforward for both individuals and businesses – our research shows that taxpayers are being swamped by a barrage of tax legislation.”

     

    Through its Ten Tenets Towards a Better Tax System campaign, the ICAEW Tax Faculty believes that the tax system should be certain, properly targeted, subject to proper consultation and be fair and reasonable.

     

    Further information on the ICAEW’s Ten Tenets Towards a Better Tax System can be found at www.icaew.co.uk/taxfac

    1.       A copy of the Finance Bill 2005 can be found at http://www.publications.parliament.uk/pa/ld200506/ldbills/013/2006013.htm

    Source: Tax Faculty, ICAEW - 14 September, 2005

  • Date: 06.09.05 - Need to reduce small business tax compliance cost highlighted in ICAS member survey

    Completing a tax return is the single event most likely to cause a small business to appoint its first accounting or tax adviser, according to a 'First Contact' member survey conducted by The Institute of Chartered Accountants of Scotland (ICAS).

    ICAS members involved in small UK businesses or providing services to such businesses were asked to identify what business issues were most likely to trigger the need for a small business to seek contact with an accounting or tax adviser for the first time. The survey also contained subsidiary questions regarding steps that might be taken to simplify tax or improve the electronic services provided by H M Revenue & Customs (HMRC).

    Respondents even said completing a tax return was more likely to trigger 'first contact' with an adviser than the preparation of accounts for the business. Furthermore, dealing with VAT was more likely to trigger advice than general business planning or choosing the right business structure.

    Ian Dewar, Convenor of the ICAS Small Business Task Force, said: "This survey highlights the degree to which small businesses are forced to give priority to tax compliance, even to the detriment of fundamental planning and organisation that might be important in generating future business prosperity. Healthy businesses are good for the economy, and proprietors should be encouraged to seek the right advice that will assist them in getting established and seeking business growth.

    "The UK's Government is rightly saying that it wishes to reduce the burdens on small businesses, but is asking them at the same time to undertake onerous compliance responsibilities for which our survey shows they require professional assistance. This comes at a cost which may preclude small businesses from seeking advice on more crucial business issues.

    "We would applaud any steps that can be taken to simplify tax or streamline compliance. Responses to this survey indicate that radical action is needed to prevent businesses from being swamped by red tape."

    The ICAS report on its ‘First Contact’ Survey, concerning first appointment of accounting or tax advisers by UK small businesses, can be found at: http://www.icas.org.uk/site/cms/download/tax_first_contact_survey_report_20050829.pdf (pdf document)

    Source: ICAS - 06 September, 2005

  • Date: 01.09.05 - ICAS Calls for taxpayers' needs to be central to review of HMRC's electronic services

    The Institute of Chartered Accountants of Scotland (ICAS) has called for a strategic alliance between H M Revenue & Customs (HMRC) and the taxpayer and tax agent community to determine the future of HMRC's electronic services.

    Lord Carter of Coles is conducting a review of HMRC's online services in the wake of the collapse of its IT systems for tax credits, personal tax returns, stamp duty land tax and payroll. ICAS has told Lord Carter that it believes HMRC's e-services strategy is fundamental to the efficient administration of taxes in future but sees little evidence of any coherent overall strategy in the development of those services to date.

    Donald Drysdale , Assistant Director of Tax at ICAS, said, "It appears that HMRC has looked only at its own requirements and failed to consider the needs of taxpayers and their agents. There is a need to restore faith in e-filing and to overcome HMRC's loss of credibility following the repeated collapse of its IT systems. A successful e-services strategy will require HMRC and the tax profession to work together towards the same ends.

    "Recent surveys of our members show widespread enthusiasm for electronic working, in spite of a very large number of complaints about HMRC's e-services. We believe tax e-filing should remain voluntary but they could become almost universally acceptable if systems are re-designed so that they are helpful to taxpayers and their agents."

    The ICAS submission calls for an email option for all correspondence with HMRC. It also recommends the adoption of recognised best practice in the management of all HMRC IT projects, publication of all project gateway reviews and post implementation reviews, and a new approach to capacity planning to avoid system overloads.

    Details of the Review of HMRC’s Online Services by Lord Carter of Coles can be found at: http://www.hmrc.gov.uk/consultation/carter-review.htm

    The ICAS submission to the Review of HMRC’s Online Services can be found at: http://www.icas.org.uk/site/cms/contentviewarticle.asp?article=4257

    Source: ICAS - 01 September, 2005

  • Date:01.09.05 - 12th edition website launched


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